20151209 TZCA Tabora

20151209 TZCA Tabora

The applicant demonstrated that substantial loss may result if execution is not stayed, given the large decretal amount and the risk of non-reimbursement if the appeal succeeds. The application was filed without unreasonable delay and the applicant undertook to provide security. Non-citation of rule 11(2)(c) is not fatal as long as the enabling provision is cited and conditions are met.

Citation
20151209 TZCA Tabora
Parties
Applicant: Mohamed Enterprises (T) Ltd; Respondent: Mussa Shabani Chekechea
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 December 2015
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application allowed
Legal Topics
Stay of Execution, Appeals, Security for Due Performance
Source Language
English
Civil Procedure Stay of Execution Appeals Security for Due Performance

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Parties

Mohamed Enterprises (T) Ltd

Applicant

Mussa Shabani Chekechea

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has shown good cause for stay of execution pending appeal
  2. 2 Whether non-citation of rule 11(2)(c) is fatal to the application

Ratio Decidendi

The applicant demonstrated that substantial loss may result if execution is not stayed, given the large decretal amount and the risk of non-reimbursement if the appeal succeeds. The application was filed without unreasonable delay and the applicant undertook to provide security. Non-citation of rule 11(2)(c) is not fatal as long as the enabling provision is cited and conditions are met.

Court Disposition

Application allowed

Orders

  • Stay of execution of the decree dated 27/10/2014 in Civil Case No. 6 of 2009 granted, provided the applicant deposits in court the decretal amount of Tshs. 100,000,000 within thirty (30) days from the date of this order.